Sen. Tom Cotton

Working Families Flexibility Act of 2021 This bill revises requirements for the receipt of compensatory time off for private sector employees. Specifically, the bill authorizes private employers to provide compensatory time off to their employees at a rate of one and one-half hours for each hour of employment for which overtime compensation otherwise is required; employees may accrue a maximum of 160 hours of compensatory time. Employers are prohibited from interfering with an employee's right to or not request compensatory time off in lieu of payment of overtime compensation or from requiring an employee to use such compensatory time, and must give their employees 30-days notice before discontinuing a compensatory time policy. Employers are liable to employees for damages from violations of these requirements.

Financial Defense for Industrial Contractors Act or the FDIC Act This bill requires the Federal Deposit Insurance Corporation to begin proceedings for terminating the insured status of large depository institutions that deny banking services to federal contractors that otherwise qualify for such services.

This resolution designates January 24-January 30, 2021, as National School Choice Week.

Keystone XL Pipeline Construction and Jobs Preservation Act This bill authorizes the TransCanada Keystone Pipeline to construct, connect, operate, and maintain the pipeline facilities in Phillips County, Montana, for the import of oil from Canada to the United States.

This concurrent resolution calls for honoring the 235th anniversary of the enactment of the Virginia Statute for Religious Freedom on Religious Freedom Day, January 16, 2021. The resolution affirms that religious freedom includes the right of individuals of any faith and individuals of no faith to live, work, associate, and worship in accordance with their beliefs; all people of the United States can be unified in supporting religious freedom because it is a fundamental human right; and the American people will remain forever unshackled in matters of faith.

Protecting Our Wealth of Energy Resources Act of 2021 or the POWER Act of 2021 This bill requires the President and federal agencies to obtain the approval of Congress before prohibiting or substantially delaying certain new energy or mineral leases or permits on federal lands, including oil and gas leases, coal leases, hard rock leases, or critical minerals leases. In addition, the President and agencies must obtain the approval of Congress before withdrawing certain federal lands from mineral and geothermal leasing activities.

Title X Abortion Provider Prohibition Act This bill prohibits the Department of Health and Human Services (HHS) from awarding family planning grants to entities that perform abortions or provide funding to other entities that perform abortions. To receive a grant, an entity must certify it will refrain from those activities during the grant period. The bill provides exceptions for abortions (1) in cases of rape or incest; or (2) when the life of the woman is in danger due to a physical disorder, injury, or illness. It also exempts hospitals unless they provide funds to non-hospital entities that provide abortions. HHS must report annually on this prohibition.

Born-Alive Abortion Survivors Protection Act This bill establishes requirements for the degree of care a health care practitioner must provide in the case of a child born alive following an abortion or attempted abortion. Specifically, a health care practitioner who is present must (1) exercise the same degree of care as would reasonably be provided to any other child born alive at the same gestational age, and (2) ensure the child is immediately admitted to a hospital. Additionally, a health care practitioner or other employee who has knowledge of a failure to comply with the degree-of-care requirements must immediately report such failure to law enforcement. A health care practitioner who fails to provide the required degree of care, or a health care practitioner or other employee who fails to report such failure, is subject to criminal penalties—a fine, up to five years in prison, or both. An individual who intentionally kills or attempts to kill a child born alive is subject to prosecution for murder. The bill bars the criminal prosecution of a mother of a child born alive under this bill and allows her to bring a civil action against a health care practitioner or other employee for violations.

Women's Public Health and Safety Act This bill allows a state to exclude from participation in the state's Medicaid program a provider that performs an abortion, unless (1) the pregnancy is the result of rape or incest, or (2) the woman suffers from a physical issue that would place her in danger of death unless an abortion is performed. Under current law, a state plan for medical assistance must provide that any individual eligible for medical assistance may obtain required services from any provider qualified to perform them.

Support And Value Expectant Moms and Babies Act of 2021 or the SAVE Moms and Babies Act of 2021 This bill prohibits the Food and Drug Administration (FDA) from approving any new drug (either as a brand-name drug or a generic) intended to terminate a pregnancy and imposes additional restrictions on such drugs that are already approved. Under the bill, an already-approved drug intended to terminate a pregnancy may be dispensed to a patient only with a prescription. Furthermore, the FDA may not approve any labeling change that would authorize (1) using the drug after 70 days of gestation, or (2) dispensing the drug by any means other than in-person administration by the prescribing health care practitioner. The FDA must also impose additional restrictions on such already-approved drugs, including by (1) requiring the prescribing health care practitioner to receive a special certification, (2) prohibiting the practitioner to also act as the dispensing pharmacist, and (3) requiring the practitioner to have the ability to provide surgical intervention to the patient. The bill also rescinds any investigational use exemption already granted to such a drug if the bill would have prohibited the FDA from granting the exemption. (Currently, the FDA may grant an exemption to certain market approval requirements if a drug is intended solely for use in safety and effectiveness investigations.)